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Landlord-Tenant Disputes: Grounds and Process for Eviction in India

By Advocate Jaya Sharma6 September 20264 min read
Landlord-Tenant Disputes: Grounds and Process for Eviction in India

Landlord-tenant relationships are governed either by a registered rent or leave-and-license agreement together with general contract principles, or by a state-specific Rent Control Act where applicable. Either way, eviction is only lawful once pursued through the correct legal process — not through self-help.

Common grounds for eviction

Most eviction disputes fall into a handful of recurring categories.

  • Non-payment of rent for a specified period
  • Subletting the premises without the landlord's consent
  • Using the premises for a purpose other than what was agreed
  • The landlord's bona fide requirement for personal use
  • Structural damage caused by the tenant
  • Expiry of a fixed-term lease or leave-and-license agreement

Notice before filing

A formal notice terminating the tenancy — giving the tenant a specified period to vacate or remedy the breach — is generally required before eviction proceedings can even be initiated. The exact notice period depends on the tenancy agreement and the law that applies.

Where the case is filed

Eviction suits are generally filed before the civil court with jurisdiction over the property. Where a state Rent Control Act applies, the matter may instead go through a Rent Controller or a Small Causes Court, depending on the state and the nature of the tenancy.

The takeaway

Attempting to force a tenant out without going through the legal process — cutting utilities, changing locks, removing belongings — exposes the landlord to legal liability of their own, regardless of how valid the underlying grievance actually is.

This article is for general informational purposes only and does not constitute legal advice. Every matter has its own facts — please consult directly for guidance specific to your situation.

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